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In 1980, the Federal Government proposed a
resolution
to the Canadian Constitution. On September 15, 1980 the UBCIC, in
reviewing the position of the Federal Government on Patriation of the
Canadian Constitution, discovered that the Indian people would lose
all
of their aboriginal rights should this occur. At the 12th Annual
General Assembly, the Chiefs passed a resolution that "the convention
give full mandate to the UBCIC to take the necessary steps to ensure
that Indian Governments; Indian Lands, Aboriginal Rights and Treaty
Rights are entrenched in the Canadian Constitution" (October 14-17,
1981). The aboriginal people of BC decided to take action.
The Constitutional Express was designed in conjunction with
other
political and legal moves instituted to delay patriation and buy time
for the Indian people in Canada to consolidate a strong position
regarding the Government’s proposition. The primary goals of the
express were to keep the focus of both the national and international
publics attention on the Constitution issue, to bring Indian people
together in a united front against the assault on their rights and to
prevent Trudeau’s government from quietly passing the
resolution.
Two trainloads of people made up of Band members and Chiefs,
boarded
trains which left Vancouver, British Columbia, on November 24, 1980
bound for the nations capital, Ottawa. The trains made stops along the
way, picking up more passengers and making presentations to the
communities and the media. Approximately 1000 people arrived in Ottawa
to give speeches to the communities and lobby the government
officials.
A small delegation continued on to the United Nations in New
York.
Raising consciousness on the national level was not
sufficient. The
Union, under the leadership of George Manuel sent the Constitutional
Express to Europe. The Express visited the Netherlands, Germany,
France, Belgium and England. The UBCIC brought the voices of the
people
in the communities throughout the country to the international arena
and made it clear that the aboriginal people of Canada would not stand
back and allow their rights to be infringed upon. The excellent
organization, forethought and vision of the Constitutional Express not
only raised the consciousness of the public but also brought back the
pride of the aboriginal peoples and the strength which has always been
needed to fight for the recognition, the survival and the promotion of
our rights.
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Section 35 of the Constitution Act,
1982 relates to the rights of Aboriginal Peoples of
Canada. It states:
35. (1) The existing aboriginal and treaty rights
of the aboriginal peoples of Canada are hereby recognized and
affirmed.
(2) In
this Act, "aboriginal peoples of Canada" includes Indian, Inuit and
Metis peoples of Canada.
(3) For
greater certainty, in
subsection (1), "treaty rights" includes rights that now exist by way
of land claims agreements or may be so acquired.
(4)
Notwithstanding any other
provision of this Act, the aboriginal and treaty rights referred to in
subsection (1) are guaranteed equally to male and female
persons.
35.1 The government of Canada and the
provincial
governments are committed to the principle that, before any amendment
is made to Class 24 of section 91 of the "Constitution Act, 1867", to
section 25 of this Act or to this Part,
(a) a
constitutional
conference that includes in its agenda an item relating to the
proposed
amendment, composed of the Prime Minister of Canada and the first
ministers of the provinces, will be convened by the Prime Minister of
Canada; and
(b) the
Prime Minister of
Canada will invite representatives of the aboriginal peoples of Canada
to participate in discussions on that item.
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